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Item I4 1.4 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: I.4 Agenda Item Summary #6400 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 n/a AGENDA ITEM WORDING: Approval of a resolution to extend reservation of twenty-eight (28) low income category affordable housing ROGO allocations pursuant to Monroe County Code Section 138-24(b)(2) for a 28-unit affordable employee housing development located on U.S. Hwy 1, South Point Drive and Cypress Road, Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key (approximate mile marker 16.5), having real estate number 00166976-011400, until November 20, 2020. ITEM BACKGROUND: Lower Keys Community Center Corp. (the Applicant) is requesting an extension of the reservation for twenty-eight(28)low income category affordable ROGO allocations pursuant to Monroe County Code Section 138-24(b)(2). Lower Keys Community Center Corp. is proposing to develop the property with twenty-eight (28) affordable employee housing units. At a regularly scheduled public meeting held on November 20, 2018, the BOCC adopted Resolution No 411-2018, reserving twenty-eight (28) low income category affordable ROGO allocations pursuant to Section 138-24(b)(2) of the Monroe County Land Development Code, for the proposed employee dwelling unit development, to expire if building permits were not obtained by November 20, 2019. The Applicant has obtained Low Income Housing Tax Credit ("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the costs of its proposed 28-unit development ("Project"), and has been pursuing the project, including hosting two community meetings to solicit feedback and ideas from property owners in the Lower Keys, incorporating such ideas into development design, and working with FDOT regarding the feasibility of various traffic and access modifications. They are requesting a one-year extension of the reservation. If building permit(s) are not obtained by November 20, 2020, the reservation will expire. The subject property is outlined in blue. Packet Pg. 1415 1.4 r S' x � w 4r 01 F �0 G��R o� OrF Lower Keys Community Center received a Letter of Understanding (LOU) confirming that the proposed affordable housing on the subject property is a permitted use that meets the density standards for the Suburban Commercial (SC) zoning district (attached). In order to move forward with the proposed development, Lower Keys Community Center would be required to obtain all necessary development approvals from Monroe County and all applicable agencies. Relevant land Development Code Section: Monroe County Code Section 138-24 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for: (1) The county housing authority, nonprofit community development organizations, pursuant to Section 139-1(e), and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies; (2) Specific affordable or employee housing proiects participating in a federal/state housing financial assistance or tax credit program or receivin s�form of direct financial assistance from the county upon written requestsfrom the project sponsor and approved by resolution of the BOCC; (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit organizations above upon written request from the project sponsor and approved by resolution of the BOCC; (4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC; (5) Specific affordable or employee housing projects by any entity, organization, or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not-for-profit community development organization, or any other entity approved by the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; Packet Pg. 1416 1.4 or (6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the BOCC. PREVIOUS RELEVANT BOCC ACTION: November 20, 2018, the BOCC approved Resolution 411-2018 for a reservation of twenty-eight (28) affordable housing allocations. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: RESOLUTION Extension of reservation 28 allocations Tract B ROGO extension request 411-2018 BOCC Reso 411-2018 Initial Reservation FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: REVIEWED BY: Emily Schemper Completed 01/03/2020 4:52 PM Packet Pg. 1417 1.4 Assistant County Administrator Christine Hurley Completed 01/06/2020 2:33 PM Steve Williams Completed 01/06/2020 3:09 PM Maureen Proffitt Completed 01/06/2020 3:25 PM Budget and Finance Completed 01/06/2020 5:02 PM Maria Slavik Completed 01/07/2020 7:35 AM Kathy Peters Completed 01/07/2020 1:46 PM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 1418 1.4.a d0 ' I IRS T V YU di IL I 2 RESOLUTION NO. -2020 3 RESOLUTION OF THE MONROE C 013NT Y BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF 6 TWENTY-EIGHT (28) AFFORDABLE LOW INCOME CATEGORY ROGO 7 ALLOCATIONS FOR PROPOSED EMPLOYEE DWELLING LIMIT ON 8 SL GARLO F KEY FOR MONROE COUNTY ONPROPERTY DESCRIBED � 9 AS TRACT ".B", REVISED FLAT OF AMENDED PLAT" OF S 1GA LO F � 1.0 SHORES SECTION N F, REAL ESTATE NUMBER 00166 -01 4 0 UNTIL 11 NOVEMBER 20, 20 0 FOR BUILDING PERMIT MIT° ISSUANCE. 12 13 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area00 1.4 of Critical State Concern mandates relating to housing affordability) recognize the need for affordable; 15 housing throughout the ,state and particularly in the Florida Keys where developable land for housing is g 16 extremely limited and expensive; and 1.7 lS WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one 1.9 requiring sensible and responsive use of residential unit allocations, including implementation of long-terra .� 20 preservation mecha isms; and 21 22 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation U) 23 recipients to promptly transform allocation awards/reservations into finished and occupied 2,4 affordable/workforce housing units; and 25 26 WHEREAS, the developers have legitimate needs for Borne assurance that allocations are in fact and cu 00 27 will remain available and/or justified for a reasonable time so that follow-through on initial commitments 28 will in fat be justified; and 29 30 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County land Development 31 Code allows the BOCC to authorize reservations for "specific affordable or employee housing U) 32 projects participating in a federal/state housing financial assistance or tax credit prograrn or receiving some 33 form of direct financial assistance frorn the county upon written request front the project sponsor and 34 approved by resolution of the board of county commissioners," and .2 5 36 WHEREAS, at a regularly scheduled public meeting held on November 20, 2018, the :BOCC 37 adopted resolution No 411-2018, reserving twenty-eight (28) low income category affordable 12C1C1t) 38 allocations under Section 138-24(b)(2) of the Monroe County Land Development Code, for the 39 proposed employee dwelling unit development, to expire if building permits were not obtained by 40 November 20, 2019; and 41 (n 42 WHEREAS, Lower Keys Community Center Corp. has obtained Low Income}lousing Tax Credit 43 ("LIHTC") financial assistance from the Florida Housing Finance Corporation ('THFC") to offset the costs 44 of its proposed 60-unit development ("Project"); and E 45 46 i Packet Pg. 1419 I WHEREAS, as part of the LIHTC application, FHFC required the applicant to have 2 obtained the necessary ROGOs and for Monroe County to execute a verification that verifies that the 3 applicant has obtained the necessary ROGOs; and (L 4 5 WHEREAS, Monroe County Code Sec,138-24(b) allows reservation of affordable ROGO 6 allocations by the Board for specific housing prograrns, which includes FHFC, LIHTC and SAIL; and 4- 7 8 WHEREAS, Lower Keys Community Center Corp. has been pursuing the project but is requesting a cm 9 one-year extension of the reservation; and 10 11 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not 0 12 exempt the project from applicable requirements for the Monroe County Land Development Regulations, 43 Building Code and other regulatory requ i rerne tits; and 14 U) 15 WHEREAS, Lower Keys Community Center Corp, shall obtain all required approvals frorn the 16 Monroe County Planning & Environmental Resources Department for the project; and 0 17 0 18 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing 00 C14 19 dwelling units by November 20, 2020; if the permit(s) are not issued, the allocations will revert to the 4- 0 20 County. r_ 21 .2 U) 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF MONROE COUNTY, FLORIDA: X 24 25 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fu I ly set 26 forth herein. 27 U) 28 Section 2: The Monroe County Planning Department shall reservation for twenty-eight (28) r_ .2 29 affordable ROGO allocations, consisting of twenty-eight (28) low income category allocations, for the 30 Monroe County project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F, 31 Sugarloaf Key until November 20, 2020. 00 C14 32 r_ .2 33 Section 3: The developer must obtain the building pernuts for the affordable/employee housing 34 units on or before November 20, 2020, 35 U) 2 4- 36 Section 4: The developer shall comply with all Monroe County requirements, all applicable 0 37 Building Code requirements, and any other oversight agencies, r_ 38 U) 39 Section 5: The Planning and Building Department Staff is hereby authorized to process X W 40 expeditiously permit related applications for the above referenced project when received. z 41 0 42 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a M 43 regular meeting held on the 22nd day of January, 2020, 0 44 W 45 Mayor Heather Carruthers 46 Mayor Pro Tern Michelle Coldiron 47 Commissioner Craig Cates E 48 Commissioner David Rice 49 Commissioner Sylvia Murphy 2 Packet Pg. 1420 1.4.a 1 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 3 FLORIDA L. BY Mayor Heather Carruthers (SEAL) 7 ATTEST: KEVIN MADOK, CLERK 4- DEPUTY CLERK � U) w,-OUKTY ATTORNEY ®0 p y�^l•.Xy ' �, 'ti' �k"V"pbu bndv��� �y t v a us 1 x T m co cv U) 2 4- 0 r- U) x (n 4i 3 Packet Pg. 1421 429 Sd.e A, 'A/est F-] 33040 01 3 S t 2 r,,,:)p i s o p't n, December 20, 2019 Emily Schemper Senior Director of Planning and Environmental Resources 0' I- (L Cheryl Cioffari Assistant Director of Planning Tiffany Stankiewicz Development Administrator 2798 Overseas Highway Marathon, FL 33050 Email: Sche e - q� 2 L, ......m. E 1 1 -1y. Cio'ffari-Cheryfl@nionroeCOLinty..fl.gov .2 Re: ROGO reservation request pursuant to 138-24(b(2) Lower Keys Community Center Corp B. BOCC Resolution No, 411-2018. U) 0 (D 0 Dear Emily, W 00 C14 4- On November 20, 2018, the BOCC approved this request(Resolution No.411-2018)for the allocation of 0 28 ROGO units for this project parcel ID 00166976-011400 on Sugarloaf Key, r- U) r- We have been, working diligently on,the project and respectfully request a one year extension,for the 2 x ROGO allocations, We have been pursuing the project since the units were first allocated but the process has taken longer than we had initially hoped. The project has been,approved for funding under 00 the Florida Housing Finance Corporation UHTC assistance, program. Our architects and engineers have C"4 developed several design options. We have held two community meetings to solicit feedback and ideas from property owners in the lower Keys. These discussions and feedback included varying architectural U) 0 styles, different sizes, numbers, and locations of the buildings,the types of amenities to be offered to Cr residents, the appearance and location of driveways,the possibilities of traffic signaling, and the,types 2 of lighting and landscaping among other concerns. We have incorporated a number of these ideas Into U) the plane. We have worked with the Florida Department of Transportation regarding the feasibility of adding or modifying;turn lanes, deceleration lanes,traffic signals aind access to the property. x 0 0 We are hoping to present a development plan in,the next couple of months to the Monroe County (D Development Review Committee, 0 W If you need any further information to support this request, please let me know. E Regards Joseph Walsh Lower Keys Community Center Corp. Packet Pg. 1422 1.4.c o" 1 2 RESOLUTION NO. 411 -2018 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY- 6 EIGHT (28) AFFORDABLE LOW INCOME CATEGORY ROGO 7 ALLOCATIONS FOR PROPOSED AFFORDABLE EMPLOYEE HOUSING �s 8 DWELLING UNITS ON SUGARLOAF KEY ON PROPERTY DESCRIBED AS 9 TRACT i'.B", kEVISED PLAT OF AMENDED PLAT OF SUGARLOAF 10 SHORES SECTION F, REAL ESTATE NUMBER 00166976-011400, UNTIL it 11 NOVEMBER 20,2019 FOR BUILDING PERMIT ISSUANCE. 12 13 WHEREAS,the State of Florida and all local governments in the Florida Keys(each subject to Area 14 of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing 15 throughout the state and particularly in the Florida Keys where developable land for housing is extremely 16 limited and expensive; and 00 17 18 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys is one 19 requiring sensible and responsive use of residential unit allocations, including implementation of long-term U) 20 preservation mechanisms; and r- 21 22 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation 23 reclplents to promptly transform allocation awards/reservations into finished and occupied 24 affordable/workforce housing units; and 25 26 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and 27 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will _ 28 in fact be justified; and 29 30 WHEREAS,in accordance with Section 138-24(b)(2) of the Monroe County Land Development 00 31 Code allows the BOCC to authorize reservations for "specific affordable or employee housing projects 32 participating.in a federal/state housing financial assistance or tax credit program or receiving some form of 33 direct financial,assistance from the county upon written request from the project sponsor and approved by 34 resolution of the board of county commissioners,"and U) 35 36 WHEREAS, Lower Keys Community Center Corp. noticed Monroe County of its intent to apply to 37 the Florida Housing Finance Corporation ("FHFC") for Low Income Housing Tax Credit ("LIHTC ") U 38 financial assistance to offset the costs of its proposed 28-unit development ("Project"); and 39 40 WHEREAS, as part of the L11iTC application, FHFC requires the applicant to have obtained 41 the necessary ROGOs and for Monroe County to execute a verification that the applicant has obtained the 42 necessary ROGOs; and 43 44 WHEREAS,Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO allocations 45 by the Board for specific housing programs, which includes FHFC, L11iTC and SAIL; and Packet Pg. 1423 1.4.c 1 2 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not 3 exempt the project from applicable requirements for the Monroe County Land Development Regulations, 4 Building Code and other regulatory requirements; and 5 6 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the 7 Monroe County Planning &Environmental Resources Department for the project; and 8 9 WHEREAS, Lower Keys Community Center Corp. shall obtain building permits for the affordable 10 housing dwelling units by November 20, 2019; if the building permits are not issued by that date, the - 11 allocations will revert to the County. 12 cm 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 15 16 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set 17 forth herein. 18 19 Section 2: The Monroe County Planning Department shall reservation for twenty-eight (28) 20 affordable ROGO allocations, consisting of twenty-eight (28) low income category allocations,for the Monroe 21 County project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F,Sugarloaf Key until 00 22 November 20,2019. 4- 23 24 Section 3: The developer must obtain the building permit(s) for the affordable/employee housing g U) 25 units on or before November 20,2019. 26 27 Section 4: The developer shall comply with all Monroe County requirements, all applicable 28 Building Code requirements, and any other oversight agencies. 29it 30 Section 5: The Planning and Building Department Staff is hereby authorized to process 31 expeditiously permit related applications for the above referenced project when received. 32 33 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a 34 regular meeting held on the 20th day of November, 2018. 00 35 cv 36 Mayor Sylvia Murphy Yes 37 4'`" Mayor Pro Tem Danny Kolhage Yes 38 0� ��.' Commissioner Michelle Coldiron Yes U) 4.'i � '39 �.� Commissioner Heather Carruthers Yes ,4 0 Commissioner David Rice Yes 41 4 cam. o 43aj�/ S ;•.:� � BOARD OF COUNTY CO ISSI S OF MONROE COUNTY, 414 �� o FLORIDA BY 4 �` �EA1✓ , = Via'/,� Mayo ylvi urphy 47A o � {' DO CLERK 48 49 DEPUTY CLERK gNROE,COf1111TY ORGY Q AQ FOi�N 87 ' T.W11L1AM..."`�"8 ASSISTANT cruM ,ATTORNET Date /L Packet Pg. 1424